So I've just swapped points 1 and 2.
Does it look OK
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I wish to submit representations against this PCN on the basis that the contravention did not occur.
1) The box junction markings at the junction of Kennington Lane and South Lambeth Place which my vehicle stopped within extend well beyond the road junction itself; I estimate by at least 5 metres. As the requirements are for the markings to be placed at a junction between two or more roads, I contend that the markings are not compliant, and indeed are not even substantially compliant with this requirement. From the video footage, my vehicle stops with approximately the rear half only within the box junction. If the box junction markings were sited only adjacent to the junction between these two roads, my vehicle would have been clear.
Please also find attached separate pictures which evidence this point.
2) Notwithstanding the point above, under the TSRGD 2016, a box junction (of this type) must be situated at a junction between two or more roads. The PCN concerns an alleged box junction contravention at "Kennington Lane / Albert Embankment". Having consulted Google Maps, I cannot locate a box junction at the intersection of the two roads stated on the PCN. The box junction concerned in this case is several metres beyond the point where Albert Embankment meets Kennington Lane, and is actually sited at the junction of Kennington Lane and South Lambeth Place. As such the contravention alleged on the PCN inherently did not occur.
3) Some of the wording in the PCN does not appear to be compliant with the specific requirements of the LLA 2003. Specifically the law states:
"A penalty charge notice under this section must state ...
(iii)that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice;
(iv)that if the penalty charge is paid before the end of the period of 14 days beginning with the date of the notice, the amount of the penalty charge will be reduced by the specified proportion;
(v)that, if the penalty charge is not paid before the end of the 28 day period, an increased charge may be payable;"
This PCN states "If you fail to pay the penalty charge ... before the end of the period of 28 days beginning with the date of service of this notice, a Charge Certificate may be issued to you increasing the penalty charge payable to £240.00..."
The date of service is different to the date of the notice and thus the mandated wording in part (v) is not included.
For these reasons, please cancel the PCN.
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